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Debates and Questions - Day 1 - 24 April 2020



Debates and Questions - Day 1 - 24 April 2020

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Parliamentary Record 27


Debates and Questions for 13th Assembly 2019 - 2020; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020




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Debates and Questions

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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES AND QUESTIONS Friday 24 April 2020 8330 Ms FYLES: Correct. Mrs FINOCCHIARO: In 11B(2)(b)(ii), what are the occupation arrangements? What is contemplated by that term? Ms FYLES: It is listed in section (6) to (8). It is businesses. There are examples of places with more than 1000m2 with leases in place for more than 25 years. They are listed there. Mrs FINOCCHIARO: Section 11B(4) provides that a modification notice could apply to particular persons, businesses or occupations. Why is it necessary to make provisions relating to a specific person? Ms FYLES: I am advised that is to ensure we have complete flexibility to cover everyone. Mrs FINOCCHIARO: Cover everyone in what sense? It says: (4) A modification notice may apply to any of the following: (a) a specified person, business lease or business premises What is a specified person? Ms FYLES: It is in terms of leases. We do not know all the different lease arrangements, so it is designed to cover those. Mrs FINOCCHIARO: How do you know if you are a specified person? How is that captured? It is not in the definition section. Ms FYLES: It would be defined in the notice. Mrs FINOCCHIARO: So again, that is leaving a lot of discretion to the minister to make their own decision about the modification noticebecause you can do whatever you like in the modification notice. You can also then specify, in the notice, the type of person who can be captured by this provision. Ms FYLES: It is designed to make sure we capture a type of arrangement we are potentially unaware of. We do not want to be too specific and rule someone out. Mrs FINOCCHIARO: Section 11B(5) limits the ministers power to institute a requirement for good faith negotiation before a notice to quit is issued to 30 business days. Will any other delays for issuing the notice to quit or an application for warrant of possession be included in modification notices? If so, what would those delays be? Ms FYLES: It is to acknowledge there is already a mandatory negotiation period that the Local Court would require. Mrs FINOCCHIARO: What period does the Local Court require? How do they complement each other? Ms FYLES: There is this period and I am advised that the court must provide a period as well. This is the 30 days to try to negotiate, but if that does not happen it would go to the Local Court. It is to acknowledge that interaction. Mrs FINOCCHIARO: Whilst there is no minimum period in the legislation, a modification notice can have a minimum period but it cannot be longer than 30 days? Ms FYLES: Correct. We are not imposing longer than 30 days. Mrs FINOCCHIARO: Section 11C specifically allows modification notices to override private lease agreements. Could that action, even if it does not relate to rental payments, be construed as an acquisition of property other than on just terms, giving rise to possible action? Ms FYLES: Potentially, if we were to draft a notice that resulted in an acquisition, it could. We are very conscious of that in our ability to implement those principles in this legislation.